H1B-for profit visa vs non profit visa

[vindhya117]

Hi,

If I have a for-profit H1B visa(like visa of an IT Company) and I want to work for a non profit Organisation(like a university),
a) do I have to convert my visa to a non-profit H1B visa?
b) Is for-profit H1B valid/legal to work under a non-profit Org?

Please do reply. Thank you very much in advance.

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[vindhya117]

I cannot contact the attorneys via email. All the emails reported failure of delivery to their mail box. Can you please help me? Thank you.

[lisaanderson]

Hi,

If I have a for-profit H1B visa(like visa of an IT Company) and I want to work for a non profit Organisation(like a university),
a) do I have to convert my visa to a non-profit H1B visa?
b) Is for-profit H1B valid/legal to work under a non-profit Org?

Please do reply. Thank you very much in advance.

1. There is only one kind of an H-1B. Once you have been counted in the H-1B Cap, you are considered counted.
Now, there are “cap-subject” employers, “cap-exempt” employers and cap-exempt beneficiaries. In your case, it doesn’t matter who you will work for because you are a cap-exempt beneficiary. On the I-129W, your employer must first list that you are cap-exempt and then check the appropriate reason for your cap-exempt status. In your case, there are 2 reasons: your employer is cap-exempt, and you’re cap-exempt because you were already counted in the H-1B Cap. Your employer can pick both or either choices, and your H-1B will be approved either way.
2. Of course you can. There is no restriction on the type of U.S. employer you can work for as long as the H-1b petition can be approved.

[lisaanderson]

Hi,

If I have a for-profit H1B visa(like visa of an IT Company) and I want to work for a non profit Organisation(like a university),
a) do I have to convert my visa to a non-profit H1B visa?
b) Is for-profit H1B valid/legal to work under a non-profit Org?

Please do reply. Thank you very much in advance.

On the Form I-129W (H-1B Data Collection and Filing Fee Exemption Supplement), the employer must show why you are exempt from the cap in Part C, and they can choose that either the school is exempt or you are exempt because you were already chosen in the cap.

All you need to know and remember is that regardless of whether you are working for an employer that is cap-subject or cap-exempt, you are only eligible for 6 years of H-1B. The only benefit you have over those who have not previously been counted in the cap is that you can switch your job back to a cap-subject employer at any time, and you won’t have to go through the lottery/cap again.

[vindhya117]

Thank you very much for your reply. It did help me to understand better.

Can you consider this scenario and tell me what to do: I have a job in the University. When I queried them about joining immediately they said that they need to start a new H1b petition and only after that is approved I can start working for University. Is it true? How long would this process take? they mentioned that it might take several months. Can you enlighten me please.